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U.S. v. SARUBIN

No. 06-2069.

507 F.3d 811 (2007)

UNITED STATES of America, Plaintiff-Appellant, v. Morton SARUBIN, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: November 16, 2007.

Attorney(s) appearing for the Case

ARGUED: Teresa Thomas Milton, United States Department of Justice, Tax Division, Washington, D.C., for Appellant. Caroline D. Ciraolo, Rosenberg, Martin & Greenberg, L.L.P., Baltimore, Maryland, for Appellee. ON BRIEF: Rod J. Rosenstein, United States Attorney, Baltimore, Maryland; Eileen J. O'Connor, Assistant Attorney General, Richard Farber, United States Department of Justice, Tax Division, Washington, D.C., for Appellant.

Before WILLIAMS, Chief Judge, DUNCAN, Circuit Judge, and T.S. ELLIS, III, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

Vacated and remanded by published opinion. Judge DUNCAN wrote the opinion, in which Chief Judge WILLIAMS and Senior Judge ELLIS concurred.

OPINION

DUNCAN, Circuit Judge:

Morton Sarubin filed personal incometax returns in 1995 and 1996 showing a cumulative tax debt of nearly two million dollars, which he never paid. After a decade of unsuccessful collection efforts, the Internal Revenue Service ("IRS") sued to collect over four million dollars, an...

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